Amending Pleadings During Final Arguments: A Comprehensive CPC Guide

2023 0 Supreme(Del) 2798

Learned Trial Court is directed to take on record the amended plaint as filed by the petitioner/plaintiff and proceed to hear the final arguments without any impediment. 8. ... The respondent/defendant is permitted to take all and any objection and other contentions in respect of the amendment as allowed during the final hearing of the suit. 9. ... Sharma also submits that the suit is at the stage of final#HL_END....

2024 0 Supreme(Cal) 1264

Moreover, merits of the pleadings sought to be incorporated by the amendment application was not required to be looked into. Whether the contentions of the petitioners in the amendment application were correct or not, would be decided at the final hearing of the suit, on evidence. ... The Hon’ble Division Bench, held that those documents would have relevance in the final adjudication of the shares of the parties in respect....

2025 Supreme(Online)(Cal) 3434

That apart, commencement of trial as used in proviso to Order 6 Rule 17 in the Code of Civil Procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. ... Pursuant to the amendment being carried out re-verification of the written statement be made within one week. ... As trial has not commenced the in the interest of justice the #H....

2024 0 Supreme(P&H) 1384

It is matter of record that the amendment has been sought in the plaint when the matter was fixed for rebuttal evidence and arguments. ... Our final conclusions may be summed up thus: (i) Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview. ... Likewise, it should not record a f....

2022 Supreme(Online)(BOM) 2562

A copy of the order passed by him on 24.09.2022 has been filed on record alongwith application seeking amendment of the writ petition filed by the petitioners. 4. Amendment application is allowed. 5. Amendments be carried out forthwith. ... The law declared by this Court further shows that in silence zones, use of any sound amplifiers or playing of any music or beating of drums or tom-tom or blowing a horn either musical or pressure, or tr....

Karnataka

79 and 80 of Karnataka Police (Amendment) Act 2021, pending before the V Addl. ... Per contra, the learned High Court Government opposes the arguments putforth on behalf of the petitioners and sought for dismissal of the petition. ... Based on the said complaint, the police registered a case for the offences punishable under Sections 79 and 80 of the Karnataka Police (Amendment) Act. ... In the panchanama, it is contended that on ....

2023 0 Supreme(Raj) 2022

Heard and considered the arguments advanced by learned counsel for both the sides, scanned records of the writ petition and considered the judgments cited at bar. ... With consent of learned counsel for the parties, the matter was taken up for final disposal. ... In the case in hand, the amendment, which was permitted by the learned court below was limited to the contents of the amended portion only. Therefore, new pleas and inconsistent p....

"       Since the necessity of error or mistake as a condition precedent to amendment loomed large in the arguments before us, I shall quote what Bowen L.J. said in that case on that matter : " The object of Courts is to decide the rights of the parties, and not to punish them for mistakes ...           His Lordship stated, " The Court may not exercise that power (of amendment) before the hearing or after final ju....

2025 Supreme(Online)(DRAT) 455

Matter is ready for final arguments. Hence we have to see as to whether due diligence was exercised by the Respondents herein after commencement of the trial? 16. ... Amendment of pleadings. ... The proviso, to an extent, curtails absolute discretion to allow amendment at any stage. Therefore, the burden is on the person who seeks an amendment after commencement of the trial to show that in spite of due d....

High Court Malaya Shah Alam

compensated by costs; • the amendment will turn the suit from one character into a suit of another and inconsistent character; • the amendment is one which is futile or frivolous; • the amendment is to withdraw an admission consciously made; • the amendment is made after an inordinate ... and inexcusable delay; • the amendment is to raise a cause of action which only accrued to the plaintiff after the act....

2019 0 Supreme(Del) 1856

It is pertinent to mention here that license fee cannot be equated with rent in any circumstances. Petitioner himself has acknowledged this fact, during evidence, as well as during final arguments. It is also pertinent to mention here that as per the scheme and object of Delhi Rent Control Act the foremost requirement of envoking the jurisdiction of Rent Controller is that there must exist a landlord tenant relationship in between the parties. The judgment of "Torbett's case ....

2019 0 Supreme(J&K) 257

Some of the points raised before this court now during arguments are: (i) That the reference court while ignoring the evidence both documentary as well oral evidence has by his final award dated 18.05.2006 fixed the compensation of the acquired land of the petitioners as proposed by the Collector in the tentative award passed by him i.e. @ of Rs. 1.75 lac for Abi land, Rs. 1.58 lac for Maidani land and Rs. 1.35 lac for Banjar land P.K with Jabrana/solatium payable at 6% PA w.....

2015 0 Supreme(Raj) 1901

3. It is a case where on a reference, pleading was completed by the parties followed by the evidence. The petitioner herein raised two objections before the o Industrial Tribunal, First is in regard to take the order dated 21st November, 2007 on record. The reference dated 17th June, 1987 was then amended vide order dated 21st November, 2007. At the stage of final arguments, the Industrial Tribunal permitted to seek amendment in the reference.

2012 0 Supreme(Del) 1817

The formal amendment to the grounds was sought only in 2012 during the course of final arguments. As regards the plea of OIL that it should be permitted to challenge the impugned majority Award, on the ground of delay in its pronouncement, by way of amendment to the petition, the Court notes that this plea was sought to be urged first only in the written submissions filed by OIL on 20th October 2008, four years after the petition was filed. In National Thermal Power Corporati....

2000 0 Supreme(Raj) 1495

The suit was decreed and against the judgment and decree of trial Court, regular 1st appeal was preferred, which is pending before the first appellate Court. During pendency of appeal when the case was fixed for final arguments, the application under Order 6, Rule 17 Civil Procedure Code was moved by defendant-petitioner for amendment of the written statement. The application has been dismissed by the order impugned.